Womble

Womble v. Womble

Good Law
14 Cal. App. 739·1910 Cal. App. LEXIS 48·113 P. 353
Court of Appeal of CaliforniaDecember 3, 1910Civ. No. 734.California2,444 words

Opinion

Lead Opinion

Burnett, J.

Plaintiff conveyed an undivided one-half interest in real property to defendant, Sue M. Womble, in pursuance of a certain contract executed by said plaintiff and defendant, Alexander M. Womble, in the following terms: '

Plaintiff alleges in his complaint: “That the said Alexander M. Womble has willfully neglected and refused to fulfill or perform the conditions and covenants on his part to be fulfilled and performed by him, as in said agreement provided, namely: That the said Alexander M. Womble, after repeated demands have been continually made upon him, during the period that has elapsed since the execution and delivery of said deed and the agreement given in consideration thereof, for the performance of the terms and conditions of his said contract, has willfully neglected and refused to erect hoisting works on said realty, which has valuable quartz mines beneath its surface, and has likewise neglected and refused to sink a shaft or shafts thereon, and has likewise neglected and refused to develop the vein or lode known as the Pine Log, which trends through said land, which said last three named covenants were the main and principal consideration for the execution and delivery…

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